Divorce with Spouse in Another State

[Lyn0202]

What is the name of your state (only U.S. law)? Arizona
My husband and I have lived apart for a year and I want to file for divorce. I live in Arizona and he lives in NJ, where we were married. Do I have to file in NJ since the marriage took place there and he lives there, or can I file in Arizona. Is there a benefit to filing in one state vs. the other if I have the option to choose?

THANK YOU!

 

[mistoffolees]

What is the name of your state (only U.S. law)? Arizona
My husband and I have lived apart for a year and I want to file for divorce. I live in Arizona and he lives in NJ, where we were married. Do I have to file in NJ since the marriage took place there and he lives there, or can I file in Arizona. Is there a benefit to filing in one state vs. the other if I have the option to choose?

THANK YOU!

You can file in AZ since you've met the 90 day residency requirement.

You can also file in NJ since your spouse remained there. However, in NJ, you must have passed the 1 year apart period to file (unless you are using aldutery as grounds which is more complex and time consuming than no-fault).

The main issue is that if you file in AZ, it will not have jurisdiction over any property in NJ. So if he has maintained his assets in NJ, you won't be able to get your share (if any).

Similarly, if there are kids involved, the state where the children live will have to determine custody.